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appointment of an Advocate Commissioner = seeking appointment of an Advocate Commissioner for taking measurements of the shop room and also for noting down the physical features of the shop room of the plaintiff/petitioner as well as the shops of the defendants/respondents.= In my opinion, the trial Court has set out valid and justifiable reasons for dismissing the interlocutory application moved by the plaintiff/petitioner belatedly and hence, the order under revision does not call for any interference at my hands. The Court below has rightly concluded the issue that the case set up by the plaintiff/petitioner that the defendants have encroached upon, has got to be established independently. It is obvious that the petitioner/plaintiff is seeking to rope in by way of improvement, a new plea, which is not forming part of the original pleading, for the said purpose, the Commission cannot be taken out.

This revision is preferred by the plaintiff in the suit, aggrieved by the orders passed on 31.12.2012 by the Principal Junior Civil Judge, Kurnool, dismissing I.A.No.2053 of 2012 moved by him seeking appointment of an Advocate Commissioner for taking measurements of the shop room and also for noting down the physical features of the shop room of the plaintiff/petitioner as well as the shops of the defendants/respondents.

It should be noted that the suit is instituted in the year 2006. It was dismissed for default once on 27.02.2009. Subsequently it was restored on 29.10.2012.

The plaintiff has filed an affidavit in lieu of chief examination in the Court and the matter is posted for marking of documents and for cross-examination of PW.1. At that stage, I.A.No.2053 of 2012 was filed by him seeking appointment of an Advocate Commissioner for inspecting the shops of both parties for noting down the physical features of the encroachments made by the defendants as shown in the plaint plan.

This application was contested by the respondents.

It is asserted by the defendants in the suit that, both the parties are enjoying the respective properties in accordance with the recitals contained in the respective sale deeds, since the time of the purchase of the shop room, and if the plaintiff has got any doubt, he should have got the measurements of his shop room verified and recorded prior to purchasing the same, but instead of doing so, he cannot turn around and file this application at a belated stage.

The Court below has rightly concluded the issue that the case set up by the plaintiff/petitioner that the defendants have encroached upon, has got to be established independently.

It is obvious that the petitioner/plaintiff is seeking to rope in by way of improvement, a new plea, which is not forming part of the original pleading, for the said purpose, the Commission cannot be taken out.

In my opinion, the trial Court has set out valid and justifiable reasons for dismissing the interlocutory application moved by the plaintiff/petitioner belatedly and hence, the order under revision does not call for any interference at my hands.

The Hon’ble Sri Justice B.Chandra Kumar Appeal Suit No.144 of 2012 Dated 9th August, 2012Judgment: The appellant filed this appeal challenging Order, dated27-01-2012, passed by the learned Senior Civil Judge, Darsi, in CFR.No.90 of 2012, refusing to register the suit filed by him on the ground that the same is barred by limitation . The plaintiff filed the suit for specific performance basing on agreement of sale, dated 13-11-2008. As per the terms and conditions of the agreement of sale, the balance amount of Rs.4 lakhs out of the total sale price of Rs.9 lakhs was to be paid within two months from the date of expiry of the limitation of the said agreement of sale. The case of the appellant is that though he had been requesting the respondent to receive the balance sale consideration and register the sale deed in his favour, the respondent did not come forward; that therefore, he got issued a legal notice to the respondent on12-10-2011; that the respondent acknowled…

Or.18, rule 17 and sec.151 C.P.C - petition filed for reopen and examination of the executant of Ex.A1 the sale deed to fill up the lacuna in evidence pointed out at the time of arguments not maintainable =in VadirajNaggappa Vernekar (deceased by L.Rs) v. Sharad Chand Prabhakar Gogate (supra), it is held as follows: "17. It is now well settled that the power to recall any witness underOrder 18 Rule 17 CPC can be exercised by the Court either on its own motion oron an application filed by any of the parties to the suit, but as indicatedhereinabove, such power is to be invoked not to fill up the lacunae in theevidence of the witness which has already been recorded but to clear anyambiguity that may have arisen during the course of his examination. Of course,if the evidence on re-examination of a witness has a bearing on the ultimatedecision of the suit, it is always within the discretion of the Trial Court topermit recall of such a witness for re-examination-in-chief with permis…

The 1st respondent herein filed O.S.No.101 of 2011 in the Court of III
Additional District Judge, Tirupati against the appellants and respondents 2 to
5 herein, for the relief of perpetual injunction in respect of the suit schedule
property, a hotel at Srikalahasti, Chittoor District. He pleaded that the land
on which the hotel was constructed was owned by the appellants and respondents 2
and 3, and his wife by name Saroja, and all of them gave the property on lease
to M/s. Swarna Restaurant Private Limited, 4th respondent herein, under a
document …